TERMS OF SERVICE

These Terms of Service are effective from May 01, 2021.

Overview

        This website is operated by  lunivop . Throughout the site, the terms "we", "us" and "our" refer to  lunivop . lunivop provides this website, including all information, tools and services provided by this website to you, the user, provided that you accept all terms, conditions, policies and notices stated herein. 

        By visiting our website and/or purchasing from us, you are participating in our "Services" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and The policy is referenced here and/or available by hyperlink. These Terms of Service apply to all users of the website, including but not limited to users who are browsers, vendors, customers, merchants and/or contributors to content. 

        Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by these Terms of Service. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS THIS WEBSITE OR USE ANY SERVICES. If these Terms of Service are deemed an offer, acceptance is expressly limited to these Terms of Service. 

        Any new features or tools added to the current store shall also be governed by the terms of service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use or access to this site after posting any changes constitutes your acceptance of those changes. 

        Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that enables us to sell our products and services to you. 

content

  1. Our details
  2. Your responsibilities to others who use your device or internet connection to access our website
  3. Manage other files with which you use our website
  4. Availability of our website
  5. Changes We May Make to These Terms of Use and Other Documents
  6. your account details
  7. Ownership of material on our website
  8. The information and content on our website is provided on a non-reliance basis
  9. Permission to use material on our website
  10. Prohibit use of our website
  11. Viruses and other harmful content
  12. Links to other websites
  13. link to our website
  14. EXCLUSION AND LIMITATION OF LIABILITY
  15. Assure
  16. Disclaimer
  17. Age restrictions on use of our website
  18. Mobile Messenger Terms of Service
  19. Governing Law and Jurisdiction
  20. Copyright, Credit and Logos

1. Our details

  • lunivop , LLC ( we, us  and  us ) operates this website.
  • Our contact email address is  Support@lunivop.com

2. Your responsibilities to others who use your device or internet connection to access our website

        You must ensure that anyone accessing our website on your computer or device, or who is permitted or able to access our website on your computer or device, or who uses your internet connection, understands these Terms of Service and the all other documents mentioned, and such persons also agree to be bound by and abide by these Terms of Service. If, for any reason, such persons do not agree to these Terms of Service or wish to be bound by them, they must not access or use our website, and you must not allow them to do so.

 3. To manage other files you use our website

  • In addition to these terms of use, your use of our website is governed by the following documents:
    • Our Privacy Policy, available at  https://lunivop.com/pages/privacy-policy . Our Privacy Policy governs our use of your information. It sets out the type of information we collect, why we collect it, how we use it, where we may pass it on to any third parties, under what circumstances and for what reasons, and how it relates to our use and/or or processing your information and your rights in relation to your information.
    • Our cookie policy is available at  https://lunivop.com/pages/cookies-policy . Our cookie policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information related to cookies, such as how to change your browser acceptance or to reject cookie preferences and settings. 
  • By accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Service, you acknowledge that we will process your information in accordance with our Privacy Policy and that we will use cookies and similar technologies in accordance with our cookie policy.
  • If you do not agree to the terms set forth in these Terms of Service, you may not use our website.

 4. Availability of our website

  • We make no representations and warranties:
    • the website will be available at any particular time or from any particular geographic location;
    • Your access to the website will be continuous or uninterrupted; or
    • The website will be accessible or optimized on all browsers, computers, tablets, mobile phones or viewing platforms.
  • We reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, regular maintenance, or to address any problems we become aware of. We will attempt to provide you with advance notice whenever reasonably practicable wherever we anticipate that we will need to suspend access to the site for a substantial period of time.
  • Our website is provided to users all over the world. Although the website can be accessed from any country, we do not represent that our website complies with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content provided on the website is suitable for other countries or states.

5. Changes we may make to these Terms of Use and other documents

        We reserve the right to update these Terms of Service, our Privacy Policy, our cookie policy and any other documents mentioned in any of these documents from time to time. We may change our Terms of Service and other documents for any reason, including:

  • reflect any changes in the way we conduct business;
  • describe any changes we have made to the website, including without limitation any new features or functionality we offer, any adjustments to the way we provide notices to you, or any changes to the content, purpose or availability of the website;
  • an accurate description of our current data processing activities so that you can keep abreast of our latest practices;
  • notify you of any changes to the way we use cookies or similar information-gathering technologies; or
  • Ensure that our documents comply and remain in compliance with any and all current and future applicable laws, regulations and official guidelines.

 

  • If required by law, we will notify you of any changes to these Terms of Service or other documents referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Service or other similar documents on our website, and a new effective date is indicated at the beginning of it.
  • By continuing to visit our website after we have updated our Terms of Service, Terms of Sale and/or User Content Agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to visit our website after we have updated our privacy policy and/or cookie policy, the practices set out in those updated policies will apply to our processing of your information and our use of cookies and similar technologies.
  • Each time you visit our website, you must review these Terms of Use and all other documents mentioned therein to ensure you understand the terms that apply to you at that time.
  • The date these Terms of Service and/or any other document (including our Privacy Policy and Cookie Policy) was last modified is listed at the top of that document and is referred to as the document's "Effective Date".

 

6. Your account details

  • If we provide you with account information such as username, ID number, account code and/or password, you must keep such information confidential and not disclose it to anyone. All account information is for the use of the designated account holder only and not for use by anyone else. You are responsible for any consequences of unauthorized access to your account resulting from disclosing your account information to any third party.
  • If we offer you the option to choose your own login information (including password), we recommend that you provide your own unique login information to use this website and do not use other accounts you may hold on other websites or on any other website information easily found about you. You are responsible for any consequences of unauthorized access to your account resulting from disclosing your login information to any third party.
  • You must never use another user's account without permission. When creating an account, you must provide accurate and complete information. You agree not to solicit, collect or use other individuals' login credentials. We prohibit creation, and you agree not to create accounts for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times is true, accurate, current and complete. You agree to update your information as necessary to maintain its truthfulness and accuracy.
  • For any actual or alleged violation of these Terms of Service or any other document referred to therein, including, but not limited to, our suspicion of unauthorized access to your account or any unauthorized disclosure of your login information.
  • If you know or suspect that the confidentiality of your login information has been compromised, for example, by disclosing such information to any third party, you must change your password immediately. If you are unable to change your password, you must notify us immediately by emailing  Support@lunivop.com

7. Ownership of material on our website

  • All trademarks, service marks, trade names, logos, copyrights and other intellectual property rights in our website and content are owned or licensed to us. All such rights are protected by global intellectual property laws and all rights reserved. Any use of this website and its contents is strictly prohibited unless expressly authorized herein. Any rights not expressly granted herein are reserved by us.
  • Trademarks, service marks, trade names, logos and other brands owned by third parties and used or displayed on or through our website (collectively, "Third Party Marks") may be the trademarks of their respective owners and they may or may not endorse or be affiliated with or associated with us. Nothing in these Terms of Service or on or through the Site shall be construed as granting, by implication, estoppel, or otherwise, any No license or right to use any of our or any third party marks used or displayed on the site without the prior written permission of the respective owners. All goodwill arising from the use of our trademarks will benefit us.

 8. The information and content on our website is provided on a non-reliance basis

  • Our website may be used by you to provide you with general information about us, our business and any products or services we offer from time to time. We will not use our website for any purpose other than as expressly provided in these Terms of Service.
  • The content on our website should not be considered advice. You must not rely on any content on our website for any purpose and you must seek your own independent professional advice readily available on our website before deciding to take any action based on any content (whether in whole or in part).
  • We make no representations or warranties, express or implied, as to the accuracy, up-to-dateness or completeness of any content or material available on our website from time to time.

 9. Permission to use material on our website

  • The content on our website is for your personal, private and non-commercial use only. You may print or share the content on our website for lawful personal, private and non-commercial purposes, and you may also make the content on our website known to others within your organization. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.
  • Whenever you print, download, share or pass on the content on our website to others, you must not make any additions or deletions or otherwise modify any text on our website, and you must not alter or alter any content on our website Images, Media or Graphics In any event, you must not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed to any third party is an accurate representation of the content displayed on our website.
  • You may not use any robot, spider, data mining or scraping technology or any similar third party tool to extract or copy any data or content from our website without our prior written consent.
  • Whenever you pass on any content or material on our website to anyone, you must acknowledge us as the author (or any other author we believe to be) when passing on such content or material.

 10. Prohibited use of our website

  • You may not reproduce, duplicate, reproduce or resell any part of our website or any content of our website except as expressly permitted by these Terms of Use.
  • You may not access, interfere with, damage or disrupt our website or any part thereof, our systems, any of our hardware or equipment, or any network hosting our website in any way, any network we use to create or modify the website or the software that makes the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
  • You must use our website only for lawful purposes and in accordance with these Terms of Service. You may not use our website:
    • for any unlawful purpose or in any way that violates any applicable law or regulation, whether local, national or international;
    • for any fraudulent purpose;
    • conduct any unsolicited or unauthorized advertising or direct or indirect marketing to any person in any way, or otherwise spam, communicate or market to anyone any goods, services or services not authorized by us or business;
    • Upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keyloggers, spyware, logic bombs, time bombs or any other harmful substance that may adversely affect the use or operation of the website programs or code, our hardware or systems, or the computer, tablet, cell phone or other device of any user or other third party, or upload any content or material that contains any such content;
    • communicate with, harm or attempt to harm a child in any way; or
    • Violate the terms of these Terms of Use or any document referred to in these Terms of Service in any way or for any purpose.
  • If you are under the age of 18, you must not submit any information to us about you, or about any other person who:
    • under the age of 18; or
    • If they are over 18 years old and you have not received their prior written consent to submit information about them to us.
  • You may not submit any information to us that is considered "sensitive personal information". "Sensitive Personal Information" is information about you or any other person that reveals your or their race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, or genetic data, biometric data, or information about their health, sex life or sexual orientation.
  • If you accidentally or knowingly submit such information to us, you will be deemed to have consented to our processing of this information in accordance with Article 9(2)(a) of the General Data Protection Regulation (Regulation (EU) 2016/769).

 11. Viruses and other harmful content

  • We do not guarantee that our website will be free of viruses or other malware. However, we will use reasonable efforts to prevent such viruses or bugs from being uploaded to our website.
  • We are not responsible for any errors or viruses on our website, or for any software that may be transferred from our website to your computer, or for any consequences that may arise from the existence or operation of such programs.
  • You must ensure that you have up-to-date and effective antivirus protection installed on your computer or other browsing device.
  • You may not upload or otherwise introduce into our website any virus, malware, spyware, adware, Trojan horse, worm, logic bomb, time bomb, keylogger or any other harmful or malicious program or code.
  • You may not use any third party, software or technology to attempt unauthorized access to our website, our servers, systems, hardware, software or data.
  • You may not attempt to perform any denial of service type attack on our website.
  •  We may report any violation or suspected violation of this Section 11   Viruses and Other Harmful Content ) to the appropriate authorities and may disclose your identity.

 12. Links to other websites

  • Links to third-party content or websites may appear on our website from time to time. We are not responsible for the content of any website accessed through any link on our website. All content on third-party websites is not under our control, and we do not represent or warrant that such content is relevant to us or our website, suitable or suitable for use or viewing, legal or accurate.
  • Any third-party websites accessed through links on our website may collect and process your information. We are not responsible for, and we disclaim any and all liability for, any data processing activities carried out by any third party website linked to our website. Before you decide to use their website and its features, you should review the privacy policies of any such third parties to determine how they use your information.

13. Links to our website

 

  • You may not link to our website without our prior written consent.
  • If you have obtained our consent to link to our website:
    • You may provide links to our website on other websites owned by you, provided that such website and use of any link to our website is in accordance with these terms of use;
    • Wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner and not in any way that defames or demeans us, misrepresents us or our business, or causes any damage to us or have any impact on our business; and
    • You may not link to our website to imply any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement with us without our prior written consent, but in no event shall it exist.
  • We may withdraw permission to link to our website at any time. If we withdraw permission to link to our website and notify you, you must immediately remove or cause the removal of any link to our website.

 14. EXCLUSION AND LIMITATION OF LIABILITY

        We do not exclude our liability to you if doing so is unlawful, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the following limitations of liability to apply to you, these limitations will apply to you only to the fullest extent permitted by applicable law.

        If you purchase goods or services from our website, different disclaimers may apply. These are included in our terms of sale.

  • Except as set forth above, in no event shall we (including our parent company, subsidiaries, affiliates, officers, directors, members, employees or agents) be liable to you for any loss, damage (whether direct, indirect, punitive, actual, indirect, incidental, special, exemplary or otherwise) costs, expenses, liabilities or penalties, whether in contract, tort, breach of statutory duty or otherwise, whether available foreseen or unknown, arising from, relating to, or relating to:
    • your use of our website;
    • any data corruption or loss;
    • inability to access our website, including without limitation any interruption, suspension or withdrawal of our website (for any reason);
    • any use by you of any content or material on our website, including any reliance by you on such content or material;
    • any loss of savings, profits, sales, business or income;
    • any loss of reputation or goodwill;
    • any loss of savings;
    • any opportunity or loss of opportunity; or
    • any other minor, consequential or consequential damages,

        Even if we have been advised of the possibility of such loss or damage, you shall assume and be liable for the entire cost of all necessary service, repair or correction incurred in the event of any such loss, damage, cost, expense, liability or penalty.

  • We are not responsible for you applying updates for free as recommended by us or for any damages caused by your failure to follow installation instructions correctly or to meet minimum system requirements.
  • You expressly agree that we are not responsible for any content or the defamatory, offensive or unlawful conduct of any third party and that the risk of injury or damage above rests solely with you.
  • You agree that if you suffer any damage, loss or injury arising out of or in connection with our act or omission, the damage (if any) to you is not irreparable or insufficient to entitle you to an injunction preventing us from any exploitation of any website, service, property, product or other content owned or controlled by you, and you shall have no right to participate in or restrict the development, production, distribution, advertisement, exhibition or exploitation of any website, property, product, service or otherwise owned by us or control content.
  • If any of the provisions of Clause 14 (Exclusion and Limitation of Liability) cannot be enforced as a complete exclusion of liability, they shall be construed as limitations of liability, limiting our liability to you to the fullest extent permitted by law.

15. Indemnity

  • You (and any third party with whom you operate accounts or activities on the Site for or on your behalf) agree (at our request) to be liable for any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and attorney fees and Expenses, arising out of or in any way related to (including your direct activity on the Site or on your behalf):
    • you upload, access or use this website;
    • your breach or alleged breach of these Terms of Use;
    • you violate any third party rights, including without limitation any intellectual property, publicity, confidentiality, property or privacy rights;
    • you violated any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental body (including, without limitation, all regulatory, executive and legislative bodies); or
    • any false statements you make.
  • You will defend any claim to our fullest extent. We reserve the right to the exclusive defense and control of any matter for which you are subject to indemnification and in no event shall you settle any claim without our prior written consent.

16. Disclaimer

        This website is provided "as is", "as available" and "all errors". To the fullest extent permitted by law, we make no representations, warranties or endorsements, express or implied, of:

  • Serve;
  • website content;
  • User Content; or
  • Security related to the transmission of information to the website.

        Furthermore, we hereby disclaim all warranties, express or implied, including, but not limited to, merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer viruses.

  • We do not represent or warrant that the Service will be error-free or uninterrupted, that defects will be corrected, or that the Service or the server on which it is provided will be free of any harmful components, including but not limited to viruses. We make no representations or warranties as to the accuracy, completeness or usefulness of the information on the Services, including any descriptions. You acknowledge that your use of this website is at your own risk. We do not warrant that your use of this website is legal in any particular jurisdiction, and we expressly disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you to the extent that the laws of that jurisdiction apply to you and these Terms of Use.
  • By accessing or using this website, you represent and warrant that your activities are legal in each jurisdiction in which you access or use the services.
  • We do not endorse the Content and expressly disclaim any liability to any person or entity for any loss, damage (whether actual, indirect, punitive or otherwise), injury, claim, liability or other cause of action of any kind or obligations, or characters based on or derived from any content.

17. Age restrictions on use of our website

        By using this website, you represent that you are at least the age of majority in your state or province, or you are of the age of majority in your state or province, and you have given us your consent to allow any of your minor dependents to use this website.

18. Mobile Messaging Program Terms of Service

  • We offer a mobile messaging program,  lunivop  SMS (the "Program"), the subject of which you agree to use and participate in these terms and conditions. By choosing to join or participate in any of our programs, you accept and agree to these terms and conditions of the Mobile Messaging Program ("Mobile Messaging Terms"). The Mobile Communications Terms are limited to this Program and are not intended to modify other Terms of Service  or  Privacy Policy  that may otherwise govern your relationship with us . 

  • Opt-In - Regardless of your method of opt-in to the Program, you agree to receive automated marketing and informational text (such as SMS, MMS or RCS) messages from us on a regular basis, including text messages that may be sent using automated phone calls Dial system, the mobile number you provide during registration or any other number you specify. While you agree to receive messages sent using an automatic dialer, the foregoing should not be construed to imply or imply that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "Autodialer"). Agreeing to join the program is not a condition of any purchase.
  • You must have your own wireless device, be able to send messages in both directions, use a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers offer the services required to participate. Check your phone capabilities for specific text message instructions.

  • Message and data rates may apply. If your mobile device does not support MMS messages, the program will send an SMS TM (termination message).

  • This program involves repeated mobile messages, and additional mobile messages may be sent periodically based on your interactions with us. We reserve the right to change the frequency of sending messages at any time to increase or decrease the total number of messages sent. We also reserve the right to change the short code or phone number from which messages are sent.

  • Opt-Out - If you do not wish to continue participating in the program or no longer agree to these terms, you agree to opt out of any of our mobile messages from the program by replying STOP, END, CANCEL, UNSUBSCRIBE or QUIT. You may receive an additional mobile phone message confirming your decision to opt out. You understand and agree that the above options are the only reasonable way to opt out. You also understand and agree that any other method of opting out, including but not limited to texting or verbally requesting one of our employees to remove you from our list, other than those described above, is not a reasonable way to opt out and agree to lunivop , Inc. and its service providers shall not be liable for any failure to comply with such requests. If you unsubscribe from one of our text messaging programs, you may continue to receive text messages from us through any other programs you have joined until you unsubscribe from those programs individually.

  • Changes to Terms - We reserve the right to terminate or change the program at any time. We also reserve the right to change these terms at any time, and such changes will be effective immediately upon posting. Your continued registration after such changes constitutes your acceptance of such changes.

  • Duty to notify and indemnify.

  • If at any time you intend to stop using the mobile phone number you have used to subscribe to the plan, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt-out process before ending use of the mobile phone number the above description. You understand and agree that your consent is an integral part of these Terms of Service. You further agree that if you cease to use your mobile number without notifying us of such changes, you agree that you will be liable for all costs (including attorneys' fees) and liability incurred by us or any party assisting you as a result of subsequent assignment The claim made by the individual who made the mobile phone number, the delivery of mobile messages.

  • Disclaimer - This program is provided "as is", may not always be available in all areas, and may not continue to work in the event of other changes to the product, software, coverage, or your wireless carrier. We are not responsible for any delay or failure to receive any mobile messages in connection with the Program. Delivery of mobile messages is subject to efficient transmission by your wireless service provider/network operator and is beyond our control. We are not responsible for delayed or undelivered mobile messages.

  • CONTACT - For support with the program, please send Help to the number you received as a message, or email  Support@lunivop.com . Please note that using this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures above.
  • The courts of the State of California shall have exclusive jurisdiction over any claim or dispute arising out of or related to these Terms of Service and any document referred to therein.

lunivop  messaging terms and conditions

        You agree to receive  recurring automated marketing and informational text (e.g., SMS and MMS) messages from lunivop , including text messages, which may be sent using an automated telephone dialing system, to the mobile number you provided at registration or to any other number you specify. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply.

        The message frequency will vary. lunivop  reserves the right to change the frequency of sending messages at any time to increase or decrease the total number of messages sent. lunivop also reserves the right to change the short code or phone number from which messages are sent. 

        Not all mobile devices or cell phones are supported and our messages may not be delivered in all regions. lunivop , its service providers and the mobile operators supported by the program are not responsible for delayed or undelivered messages.

You also agree to our  Terms of Service  and  Privacy Policy 

eliminate

        After sending a STOP text message to our message provider, you will receive an additional message confirming that your request has been processed. You acknowledge that our SMS platform may not be able to recognize and respond to unsubscribe requests that do not contain the STOP keyword command, and agree that lunivop  and its service providers are not responsible for failure to honor such requests. If you unsubscribe from one of our text messaging programs, you may continue to receive text messages from lunivop through any other programs you have joined until you unsubscribe from those programs individually.

Mobile number change

        If you change or deactivate your mobile number, you agree to contact lunivop by sending an email to  support@lunivop.com or  by submitting a form  by visiting https://lunivop.com/pages/contact-us . 

question?

        If you encounter any issues, please email support@lunivop.com  or visit  https://lunivop.com/pages/contact-us to submit  the form for your question or support request. 

touch

        support@lunivop.com 

Dispute Resolution

  • General. In order to resolve disputes between you and lunivop in the most convenient and cost-effective manner , you and lunivop  agree that these messaging terms and conditions ("Messaging Terms") or your receipts arise out of or are in any way related to them Any disputes over text messages from lunivop   or its service provider will be resolved through binding arbitration. Arbitration is not as formal as court proceedings. Arbitration, which uses a neutral arbitrator rather than a judge or jury, may allow for more limited discoveries than in court, and may be subject to very limited scrutiny by the court. An arbitrator can award the same damages and relief as a court award. This Arbitration Dispute Agreement includes all claims arising out of or in any way related to these messaging terms, or text messages you receive from lunivop or its service providers , whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, whenever a claim arises. You understand and agree that by agreeing to these messaging terms, you and lunivop    Each waives its right to a trial by jury or to participate in a class action, and these information terms shall be governed and governed by the federal arbitration laws.
  • exception. Above, nothing in these terms of information shall be deemed to waive, exclude or otherwise limit your or lunivop 's rights to: 
    • File an individual lawsuit in small claims court;
    • Enforcement action through applicable federal, state, or local agencies, if action is available;
    • seek injunctive relief from a court of competent jurisdiction to assist in arbitration; or
    • File a lawsuit in court to resolve intellectual property infringement claims.
  • arbitrator. Any arbitration between you and lunivop shall be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as amended by these Message terms, which will be managed by AAA. AAA rules and filing forms are available online at www.adr.org and the AAA may be contacted at 1-800-778-7879 or by contacting lunivop . The arbitrator shall have exclusive authority to resolve any disputes concerning the interpretation, applicability or enforceability of this binding arbitration agreement. 
  • Attention; process. If you or lunivop  intend to seek arbitration, the party seeking arbitration must first send the other party a written notice of the dispute ("Notice") via the USPS. The notice must:
    • (i) describe the nature and basis of the claim or dispute; and
    • (ii) List the specific relief sought ("Request"). You and lunivop  will endeavor in good faith to directly resolve the claim, but if you and lunivop do  not reach an agreement within 30 days of notification, you or lunivop may initiate arbitration proceedings. During arbitration, the amount of any proposed settlement by you or Kylie Cosmetics shall not be disclosed to the arbitrator until the arbitrator has made a final decision and award, if any. 
  • cost. If you initiate arbitration under these message terms, lunivop  will reimburse you for filing fees paid unless your claim exceeds $15,000 or as described below, in which case payment of any fees will be governed by AAA rules. If the amount of the claim does not exceed $15,000, you can choose whether to arbitrate:
    • (i) based solely on documents submitted to the arbitrator;
    • (ii) by a non-appearance telephone hearing; or
    • (iii) On-site hearing as provided by AAA rules. If the arbitrator finds the content of your claim or the relief sought in your request to be frivolous or for an improper purpose (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b)), payment of all fees is subject to the AAA Rules. In this case, you agree to repay  all amounts previously paid by lunivop or you are obligated to pay in accordance with the AAA rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasonable written decision sufficient to explain the underlying findings and conclusions on which the decision and award (if any) are based. Lunivop agrees that such written decisions and information exchanged during the arbitration will be kept confidential, except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may, at any time during the arbitral proceedings and at the request of you or lunivop  within 14 days of the arbitrator's decision on the merits, award and resolve the payment and reimbursement of fees or expenses. 
  • There are no class action lawsuits. You and lunivop agree that each may only bring claims against the other in an individual capacity and not as a plaintiff or class member in any purported class or representative action. In addition, unless you and lunivop agree otherwise in a signed written document, the arbitrator shall not consolidate the claims of multiple individuals and shall not otherwise preside over any form of representative or class action. 
  • Modifications to this Arbitration Clause. Notwithstanding anything to the contrary in these Messaging Terms, if lunivop  makes any future changes to these arbitration clauses, in addition to changing the lunivop address for notice, you may refuse notice of the change by giving us written notice within 30 days of the change in the lunivop  address , In such event, this Arbitration Clause is effective immediately prior to your refusal to change it and will continue to govern any dispute between you and lunivop . 
  • enforceability. If the arbitrator decides that applicable law excludes any of the limitations in the subsections above (classes of resolution, representation, and consolidation proceedings) with respect to a particular claim for relief, that claim (and only that claim) must be separated from arbitration and brought to court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed to be affected and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to Messaging Terms

        We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these messaging terms at any time and such changes will be effective immediately upon posting. Your continued registration after such changes constitutes your acceptance of such changes.

19. Applicable Law and Jurisdiction

  • These Terms of Use and any separate agreements under which we provide services to you are governed by and will be construed in accordance with the laws of Ireland.
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20. Copyright, Credit and Logos

  • The copyright in these Terms of Service is owned by or licensed to us and is protected by worldwide copyright laws and copyrighted software. Unless expressly stated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved.
  • These Terms of Service are based on the General Data Protection Regulation (Regulation (EU) 2016/769) compliant template provided in the GDPR Privacy Policy (“GDPR”). For more information, visit gdprprivacypolicy.org
  • Where we display the GDPR Privacy Policy logo on our website, it is used to indicate that we have adopted the Privacy Policy Template provided by the GDPR Privacy Policy as the basis for this Privacy Policy.
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